DRAFT - City of Greater Geraldton · 4.2 Barbed wire and broken glass fences Part 5 Electrified and...

CITY OF GREATER GERALDTON

FENCING LOCAL LAW 2011

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City of Greater Geraldton Fencing Local Law 2011 BHW Final 010711 i

City of Greater Geraldton

Fencing Local Law 2011

CONTENTS

Part 1 — Preliminary1.1 Citation1.2 Commencement1.3 Application1.4 Repeal1.5 Interpretation1.6 Licence fees and charges

Part 2 — Sufficient fences2.1 Sufficient fence

Part 3 — General3.1 Fences within front setback areas3.2 Fences on a rural lot3.3 Maintenance of fences3.4 General discretion of the local government

Part 4 — Fencing materials4.1 Fencing materials4.2 Barbed wire and broken glass fences

Part 5 — Electrified and razor wire fences5.1 Requirements for a licence5.2 Transfer of a licence5.3 Cancellation of a licence

Part 6 — Notices of breach6.1 Notices of breach

Part 7 — Offences7.1 Offences and penalties7.2 Modified penalties7.3 Form of notices

Schedule 1 — Specifications for a sufficient fence on a residential lot

Schedule 2 — Specifications for a sufficient fence on a commercial lot or anindustrial lot

Schedule 3 — Specifications for a sufficient fence on a rural lot

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City of Greater Geraldton Fencing Local Law 2011 BHW Final 010711 1

LOCAL GOVERNMENT ACT 1995

DIVIDING FENCES ACT 1961

CITY OF GREATER GERALDTON

FENCING LOCAL LAW 2011

Under the powers conferred by Dividing Fences Act 1961, subdivision 2 of Division 2 of Part 3of the Local Government Act 1995 and under all other powers enabling it, the Council of theCity of Greater Geraldton resolved on the [insert date] to make the following local law.

Part 1 — Preliminary

1.1 Citation

This local law may be cited as the City of Greater Geraldton Fencing Local Law2011.

1.2 Commencement

This local law comes into operation 14 days after the date of its publication in theGovernment Gazette.

1.3 Application

This local law applies throughout the district.

1.4 Repeal

The following local laws are repealed —(a) the City of Geraldton Fencing By-law published in the Government Gazette on

22 March 1991;

(b) the Shire of Greenough Local Laws Relating to Fencing published in theGovernment Gazette on 16 June 2003; and

(c) the Shire of Mullewa By-laws Relating to Fencing published in theGovernment Gazette on 21 January 1994.

1.5 Interpretation

In this local law unless the context otherwise requires —

Act means the Dividing Fences Act 1961;

AS means an Australian Standard or Australian/New Zealand Standard published byStandards Australia;

boundary fence has the meaning given to it in the Act;

CEO means the Chief Executive Officer of the local government;

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commercial lot means a lot where a commercial use —(a) is or may be permitted under the local planning scheme; and

(b) is or will be the predominant use of the lot;

dangerous in relation to any fence means —(a) an electrified fence other than a fence in respect of which a licence under Part

5 of this local law has been issued and is current;

(b) a fence containing barbed wire other than a fence erected and maintained inaccordance with this local law;

(c) a fence containing exposed broken glass, asbestos fibre, razor wire or anyother potentially harmful projection or material; or

(d) a fence which is likely to collapse or fall, or part of which is likely to collapseor fall, from any cause;

district means the district of the local government;

dividing fence has the meaning given to it in the Act;

electrified fence means a fence carrying or designed to carry an electric charge;

fence means any structure, including a retaining wall, used or functioning as a barrier,irrespective of where it is located and includes any gate;

frontage means the boundary line between a lot and the thoroughfare upon which thatlot abuts;

height in relation to a fence means the vertical distance between —(a) the top of the fence at any point; and

(b) the ground level or, where the ground levels on each side of the fence are notthe same, the higher ground level, immediately below that point;

industrial lot means a lot where an industrial use —(a) is or may be permitted under the local planning scheme; and


local government means the City of Greater Geraldton;

local planning scheme means a local planning scheme of the local government madeunder the Planning and Development Act 2005;

lot has the meaning given to it in and for the purposes of the Planning andDevelopment Act 2005;

notice of breach means a notice referred to in clause 6.1(1);

residential lot means a lot where a residential use —(a) is or may be permitted under the local planning scheme; and

(b) is or will be the predominant use of the lot.

retaining wall means any structure which prevents the movement of soil in order toallow ground levels of different elevations to exist adjacent to one another;

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rural lot means a lot where a rural use —(a) is or may be permitted under the local planning scheme; and


setback area has the meaning given to it for the purposes of the local planningscheme;

special rural lot means a lot where a special rural use —(a) is or may be permitted under the local planning scheme; and

(b) is or will be the predominant use of the lot; and

sufficient fence means a fence described in clause 2.1;

1.6 Licence fees and charges

All licence fees and charges applicable under this local law shall be as determined bythe local government from time to time in accordance with sections 6.16 to 6.19 of theLocal Government Act 1995.

Part 2 — Sufficient fences

2.1 Sufficient fence

(1) Unless by agreement between the owners of adjoining properties, a person shall noterect a dividing fence or a boundary fence that is not a sufficient fence.

(2) Subject to subclauses (3) and (4), a sufficient fence —(a) on a residential lot is a dividing fence or a boundary fence constructed and

maintained in accordance with the specifications and requirements ofSchedule 1;

(b) on a commercial lot and on an industrial lot is a dividing fence or a boundaryfence constructed and maintained in accordance with the specifications andrequirements of Schedule 2; or

(c) on a rural lot and on a special rural lot is a dividing fence or a boundary fenceconstructed and maintained in accordance with the specifications andrequirements of Schedule 3.

(3) Where a fence is erected on or near the boundary between —(a) a residential lot and an industrial lot, a sufficient fence is a dividing fence

constructed and maintained in accordance with the specifications andrequirements of Schedule 1;

(b) a residential lot and a commercial lot, a sufficient fence is a dividing fenceconstructed and maintained in accordance with the specifications andrequirements of Schedule 2;

(c) a residential lot and a rural lot, a sufficient fence is a dividing fenceconstructed and maintained in accordance with the specifications andrequirements of Schedule 3;

(d) a residential lot and a special rural lot, a sufficient fence is a dividing fenceconstructed and maintained in accordance with the specifications andrequirements of Schedule 1; or

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(e) a special rural lot and a rural lot, a sufficient fence is a dividing fenceconstructed and maintained in accordance with the specifications andrequirements of Schedule 3.

(4) Unless the local government specifies otherwise, a sufficient fence on a boundarybetween lots other than those specified in subclause (3) is a dividing fence constructedin accordance with the specifications and requirements of Schedule 2.

(5) Notwithstanding any other provisions in this local law, a fence constructed of stone orconcrete shall be a sufficient fence only if it is designed by a structural engineerwhere —

(a) it is greater than 1800 mm in height; or

(b) the local government so requires.

Part 3 — General

3.1 Fences within front setback areas

(1) A person shall not, without the written consent of the local government, erect a free-standing fence greater than 1200 mm in height, within the front setback area of aresidential lot within the district.

(2) The local government may approve the erection of a fence of a height greater than1200 mm in the front setback area of a residential lot only if the fence on each side ofthe driveway into the lot across the front boundary is to be angled into the lot for adistance of not less than 1500 mm along the frontage to a distance of not less than1500 mm from the frontage in order to provide appropriate splayed lines of vision fora motorist using the driveway for access to a thoroughfare.

(3) Subclause (2) does not apply to a fence —(a) of open construction that does not obscure the lines of vision of a motorist

using the driveway for access to a thoroughfare; or

(b) that does not adjoin a footpath.

3.2 Fences on a rural lot

A person shall not without the written consent of the local government, erect a fenceon a rural lot, within 7.5 m of a thoroughfare of a height exceeding 1500 mm.

3.3 Maintenance of fences

An owner or occupier of a lot on which a fence is erected shall maintain the fence ingood condition and so as to prevent it from becoming dangerous, dilapidated, orunsightly.

3.4 General discretion of the local government

(1) Notwithstanding clause 2.1, the local government may consent to the erection or repairof a fence which does not comply with the requirements of this local law.

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(2) In determining whether to grant its consent to the erection or repair of any fence, thelocal government may consider, in addition to any other matter that it is authorised toconsider, whether the erection or retention of the fence would have an adverse effecton —

(a) the safe or convenient use of any land; or

(b) the safety or convenience of any person.

Part 4 — Fencing materials

4.1 Fencing materials

(1) A person who constructs a fence on a residential lot or a commercial lot shall only usethose materials specified for a sufficient fence in respect of such lot in Schedule 1 orSchedule 2, or some other material approved by the local government.

(2) Where the local government approves the use of pre-used materials in the constructionof a fence under subclause (1), that approval shall be conditional on the applicant forapproval painting or treating the pre-used material as directed by the localgovernment.

4.2 Barbed wire and broken glass fences

(1) This clause does not apply to a fence constructed wholly or partly of razor wire.

(2) An owner or occupier of a residential lot or a commercial lot shall not erect or affix toany fence on such a lot any barbed wire or other material with spiked or jaggedprojections, unless the prior written approval of the local government has beenobtained.

(3) An owner or occupier of an industrial lot shall not erect or affix on any fencebounding that lot any barbed wire or other materials with spiked or jagged projectionsunless the wire or materials are carried on posts at an angle of 45 degrees, and unlessthe bottom row of wire or other materials is set back 150 millimetre from the face ofthe fence and is not nearer than 2000 millimetre from the ground level.

(4) If the posts which carry the barbed wire or other materials referred to in subclause (3)are angled towards the outside of the lot bounded by the fence the face of the fencemust be set back from the lot boundary a sufficient distance to ensure that the angledposts, barbed wire or other materials do not encroach on adjoining land.

(5) An owner or occupier of a lot shall not affix or allow too remain as part of any fenceor wall, whether internal or external, on that lot any broken glass.

(6) An owner or occupier of a rural lot shall not place or affix barbed wire upon a fenceon that lot where the fence is adjacent to a thoroughfare or other public place unlessthe barbed wire is fixed to the side of the fence posts furthest from the thoroughfare orother public place.

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Part 5 — Electrified and razor wire fences

5.1 Requirements for a licence

(1) An owner or occupier of a lot, other than a rural lot, shall not —(a) have and use an electrified fence on that lot without first obtaining a licence

under subclause (2); or

(b) construct a fence wholly or partly of razor wire on that lot without firstobtaining a licence under subclause (3).

(2) A licence to have and use an electrified fence shall not be issued —(a) in respect of a lot which is or which abuts a residential lot;

(b) unless the fence complies with AS/NZS 3016:2002 Electrical installations –Electric security fences; and

(c) unless provision is made so as to enable the fence to be rendered inoperableduring the hours of business operations, if any, on the lot where it is erected.

(3) A licence to have a fence constructed wholly or partly of razor wire shall not beissued —

(a) if the fence is within 3 metres of the boundary of the lot; or

(b) where any razor wire used in the construction of the fence is less than2000 millimetre or more than 2400 millimetre above the ground level.

(4) An application for a licence referred to in subclauses (2) or (3) shall be made by theowner of the lot on which the fence is or is to be erected, or by the occupier of the lotwith the written consent of the owner.

(5) An application for a licence referred to in subclauses (2) or (3) may be —(a) approved by the local government;

(b) approved by the local government subject to such conditions as it thinks fit; or

(c) refused by the local government.

5.2 Transfer of a licence

A licence referred to in clause 5.1 shall transfer with the land to any new occupier orowner of the lot.

5.3 Cancellation of a licence

Subject to Division 1 of Part 9 of the Local Government Act 1995, the localgovernment may cancel a licence issued under this Part if —

(a) the fence no longer satisfies the requirements specified in clause 5.1(2) or5.1(3) as the case may be; or

(b) the licence holder breaches any condition upon which the licence has beenissued.

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Part 6 — Notices of breach

6.1 Notices of breach

(1) Where a breach of any provision of this local law has occurred in relation to a fenceon a lot, the local government may give a notice in writing to the owner of that lot(notice of breach).

(2) A notice of breach shall —(a) specify the provision of this local law which has been breached;

(b) specify the particulars of the breach; and

(c) state that the owner of the lot is required to remedy the breach within 28 daysfrom the giving of the notice.

(3) Should an owner fail to comply with a notice of breach, the local government may byits employees, agents or contractors enter upon the lot to which the notice relates andremedy the breach, and may recover the expenses of so doing from the owner oroccupier of the lot, as the case may be, in a court of competent jurisdiction.

(4) Any power of entry exercised by the local government under this local law is subjectto Part 3, Division 3 of the Local Government Act 1995.

Part 7 — Offences

7.1 Offences and penalties

(1) An owner or occupier who fails to comply with a notice of breach commits an offenceand is liable upon conviction to a maximum penalty of $5000 and, if the offence is acontinuing offence, a maximum daily penalty of $500.

(2) A person who fails to comply with or who contravenes any provision of this local lawcommits an offence and is liable to a maximum penalty of $5000 and, if the offence isa continuing offence, a maximum daily penalty of $500.

7.2 Modified penalties

(1) An offence against any provision of this local law is a prescribed offence for thepurposes of section 9.16(1) of the Local Government Act 1995.

(2) Unless otherwise specified, the amount of the modified penalty for an offence againstany provision of this local law is $150.

7.3 Form of notices

For the purpose of this local law —(a) the form of the infringement notice referred to in section 9.16 of the Local

Government Act 1995 is to be in or substantially in the form of Form 2 ofSchedule 1 of the Local Government (Functions and General) Regulations1996;

(b) the form of the notice referred to in section 9.20 of the Local Government Act1995 is to be in or substantially in the form of Form 3 of Schedule 1 of theLocal Government (Functions and General) Regulations 1996.

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Schedule 1 — Specifications for a sufficient fence on a residential lot[cl. 2.1(2)(a)]

Each of the following is a sufficient fence on a residential lot —

(A) A fully enclosed timber fence built to manufacturer’s specifications or in accordance withestablished construction techniques, the height of the fence to be 1800 mm except withrespect to the front setback area for which there is no minimum height but which issubject to clause 3.1.

(B) A fence constructed of corrugated fibre reinforced pressed cement or steel sheeting whichsatisfies the following specifications —

(a) minimum in-ground length of 25 per cent of the total length of the sheet, but inany case shall have a minimum in-ground depth of 600 mm;

(b) the total height and depth of the fence to consist of a single continuous fibrereinforced cement or steel sheet;

(c) the sheets to be lapped and capped with extruded snap-fit type capping inaccordance with the manufacturers written instructions; and

(d) the height of the fence to be 1800 mm except with respect to the front setbackarea for which there is no minimum height but which is subject to clause 3.1.

(C) A fence constructed of brick, stone or concrete, which satisfies the followingspecifications —

(a) footings of minimum 225 mm x 150 mm concrete 15 MPA or 300 mm x 175 mmbrick laid in cement mortar;

(b) fences to be offset a minimum of 200 mm at maximum 3000 mm centres or 225mm x 100 mm engaged piers to be provided at maximum 3000 mm centres;

(c) expansion joints in accordance with the manufacturer’s written instructions; and(d) the height of the fence to be 1800 mm except with respect to the front setback

area for which there is no minimum height but which is subject to clause 3.1

(D) A composite fence having a minimum overall height of 1800 mm except with respect tothe front setback area for which there is no minimum height but which is subject to clause3.1, which satisfies the following specifications for the brick construction —(1) (a) brick piers of minimum 345 mm x 345 mm at 1800 mm centres bonded to a

minimum height base wall of 514 mm;(b) each pier shall be reinforced with one R10 galvanised starting rod 1500 mm

high with a 250 mm horizontal leg bedded into a 500 mm x 200 mm concretefooting and set 65 mm above the base of the footing. The top of the footingshall be 1 course (85 mm) below ground level;

(c) the minimum ultimate strength of brickwork shall be 20 MPA. Mortar shall bea mix of 1 part cement, 1 part lime and 6 parts sand;

(d) the ground under the footings is to be compacted to 6 blows per 300 mm andchecked with a standard falling weight penetrometer; and

(e) control joints in brickwork shall be provided with double piers at a maximum of6 metre centres; or

(2) (a) brick piers of a minimum 345 mm x 345 mm x 2700 mm centres bonded to thebase wall; and

(b) each pier shall be reinforced with two R10 galvanised starting rods aspreviously specified.

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Schedule 2 — Specifications for a sufficient fence on a commercial lotor an industrial lot[cl. 2.1(2)(b)]

Each of the following is a sufficient fence on a commercial lot and an industrial lot —

(A) A fence constructed of galvanised or PVC coated rail-less link mesh, chain mesh or steelmesh which satisfies the following specifications —

(a) corner posts to be a minimum 50 mm normal bore x 3.5 mm and with footings ofa 225 mm diameter x 900 mm;

(b) intermediate posts to be minimum 37 mm nominal bore x 3.15 mm at maximum3.5 metre centres and with footings of a 225 mm diameter x 600 mm;

(c) struts to be minimum 30 mm nominal bore x 3.15 mm fitted at each gate and twoat each corner post and with footings 225 mm x 600 mm;

(d) cables to be affixed to the top, centre and bottom of all posts and to consist of twoor more 3.15 mm wires twisted together or single 4 mm wire;

(e) rail-less link, chain or steel mesh is to be to a height of 2000 mm on top of whichare to be three strands of barbed wire carrying the fence to a height of 2400 mm inaccordance with clause 4.2(3) of this local law; and

(f) galvanised link mesh wire to be 2000 mm in height and constructed of 50 mmmesh 2.5 mm galvanised iron wire and to be strained, neatly secured and laced tothe posts and affixed to cables.

(g) Vehicle entry gates shall provide an opening of not less than 3.6 metre and shallbe constructed of 25 mm tubular framework with one horizontal and one verticalstay constructed of 20 mm piping and shall be covered with 50 mm x 2.5 mmgalvanised link mesh strained to framework.

(h) Gates shall be fixed with a drop bolt and locking attachment.

(B) A fence of fibre reinforced cement sheet or steel sheeting constructed to the minimumspecifications referred to in category (B) of Schedule 1.

(C) A fence constructed of aluminium sheeting when supported on posts and rails providedthat it is used behind a building line and is of a minimum height of 1800 mm but nogreater than 2400 mm.

(D) Fences of timber, brick, stone or concrete constructed to the minimum specificationsreferred to in Schedule 1.

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Schedule 3 — Specifications for a sufficient fence on a rural lot or aspecial rural lot

[cl. 2.1(2)(c)]

(1) In the case of a non-electrified fence, a sufficient fence on a rural lot is a fence of postsand wire construction, the minimum specifications for which are —

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(a) wire shall be high tensile wire and not less than 2.5 mm. A minimum of fivewires shall be used, generally with the lower wires spaced closer together than thehigher wires so as to prevent smaller stock passing through, and connected toposts in all cases.

(b) posts shall be of indigenous timber or other suitable material including — timber impregnated with a termite and fungicidal preservative; star steel pickets; or pre-cast concrete

and placed at not more than 10 metre intervals.(c) if timber posts are used, posts are to be —

not less than 1800 mm long; not less than 50 mm in diameter at the small end if round or 125 mm x

60 mm if split or sawn; and set a minimum of 600 mm in the ground and 1000 mm above the ground.

(d) strainer posts shall be of indigenous timber or other suitable material and shallbe —

not less than 2100 mm long and 150 mm diameter at the small end(tubular steel to be 50 mm in diameter);

set a minimum of 1000 mm in the ground; and placed at all corners, gateways, fence line angles and with intervals not

exceeding 200 m.

(2) An electrified fence having four wires only is a sufficient fence if constructed generallyin accordance with item (1).

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Dated _________________________

The Common Seal of theCity of Greater Geraldtonwas affixed by authority of aresolution of the Council inthe presence of —

)))))

_________________________ __________________________Chairman of Commissioners Chief Executive Officer

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